Table of Content

15 May 2020, Volume 37 Issue 3

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eneralized Theory of Property Rights: Exploring the Mission of #br# Building a Shared Community for Heaven, Earth and Mankind#br#

2020, 37(3):  1-17. 

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 The Generalized Theory of Property Rights, with “the property rights of Heaven, Earth and mankind” at the core, is the first field explored by the author among his “Three Theories” (property rights theory, humanistic theory and transformational theory). The exploration process is characterized by four points. First, a theoretical breakthrough is achieved. The generalized theory is gradually expanded and formed on the basis of the narrow sense of property rights theory. Second, the goal of “theory” instead of “techniques” is achieved. The ultimate goal is not the construction of a technical operating system of property rights, but a “generalized theoretical cornerstone of property rights”. Third, an integration of man and industry is achieved. The author abandons a unilateral paradigm of “isolated theoretical studies of property rights” while seeking to integrate “Generalized Theory of Property Rights” into “Humanistic Economic Theory”, which is a reform path of “dual promotion of property rights and humanistic concern” with the greatest common divisor. Fourth, the concept of “harmony between man and nature” is adopted. The author follows the same spirit as Sima Qian held while writing his Historical Records: “A unique theory can be shaped only by inquiring into the relationship between man and nature and the laws governing the past and present.” So the consideration of a community of shared future for mankind is further expanded to a community of shared future for Heaven, Earth and mankind. The process of constructing the Generalized Theory of Property Rights reflects the profound transformation China’s property rights have experienced from theory to practice over the 40 years of reform and opening up. 



Marginality and Subjectivity: Reflections on Film & TV Creations about #br# Ethnic Groups from the Perspective of Visual Anthropology#br#

2020, 37(3):  18-27. 

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 As a branch of anthropology, visual anthropology is mainly involved in image creation and research. Since the birth of the discipline, it has established wide and profound connections with image expressions of ethnic minorities, marginal groups or traditional knowledge across the world. Contemporary visual anthropology usually follows a set of relatively standard academic norms in producing ethnographic films, to ensure their academic value, ethical boundaries and social responsibility. It opposes “internal oritentalism” and “selforientalism”, advocates the “hostpositioned films” in which ethnic minorities express themselves, and highlights the role of ethnic community context in which the multiple values of image works are revealed, including ethnic identification, cultural inheritance and cultural reflection. In short, visual anthropology places more emphasis on the rights of cultural holders while opposing image exploitation by outsiders, so it acts as a “dose of sobriety” in the whole national systme and film & TV creation and research.



Group Memory and Meaning Construction in Ritual Images#br# ——Practice of and Reflection on the Ritual Images of Yugur#br#  Ethnic Group#br#

2020, 37(3):  28-36. 

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As the core part of national culture, rituals play an important role in the continuation of national culture, solidarity among ethnic groups and realization of social adjustment by acting as carries, routes, space and fields. By observing and reflecting on ethnographic image recordings and expressions of Yugur life and production ceremonies, such as haircut rituals, wedding ceremonies and sacrifices to Oboo, we can find that the camera interacts closely with group memory, and promotes the generation of ritual image texts, which, after being expressed, become the action basis for constructing ritual meaning and a positive force in unifying group memory.



Concentration: Intersensoriality between the Filmmaker and the Subjects

2020, 37(3):  37-48. 

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The relationship between the filmmaker and the subjects can be understood as the conflicts or coordination among “multi senses” or “bodily senses” from the interactive perspective of visual anthropology and anthropology of senses. The author’s personal experiences of filmmaking chanoyu teaching and learning are cited here as a case in point. In chanoyu teaching, the practitioners were asked to concentrate on one thing at a time and practice the same thing many times. Disliking such “mechanical” practice at the beginning, the filmmaker was “evoked” by the use of camera, gradually developed an understanding of the practice, and finally shared the same feelings about concentration as other practitioners. This process reveals the relationship between the filmmaker and the subjects, which not only touches upon the issues of cooperation and the power and ethics of images, but also involves the sensory fields both the filmmaker and subjects have. In view of this, observational film is not simply a participant observation with the camera, but also sensorial participation and sensory interaction between the filmmaker and the subjects. 



Annual Report on China’s Judicial Reform 

2020, 37(3):  49-67. 

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In 2019, judicial reform was on the whole embodied in the improvement of supplemental mechanism. Supreme People’s Court, Supreme People’s Procuratorate and Ministry of Justice announced their respective five-year reform outlines and made progress in promoting constitutional review, abolishing the system of detention education, improving the rules of civil and criminal evidence, making rules in the area of community correction and piloting the full coverage of criminal defense. However, most of the reform is supplemental to the previous reform or the improvement of the existing mechanism. Within a defined reform framework, we can gradually improve the judicial and political ecology and promote the rule of law by establishing a positive interaction mechanism in which policies can guide and adjust the justice while justice can effectively and appropriately respond to policies. 



The Judgment of Illegality of Exploitative Abuse in China#br# ——From the Perspective of Nonprice Exploitative Abuse

2020, 37(3):  68-80. 

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Despite its great success, the Internet economy seems to have been under the spell of “choosing one between the two” in the past ten years, as is evidenced in events ranging from the “3Q” warfare at the end of 2010 to the “Jingdong vs. Taobao” war at the end of 2019. How to judge the business dealers’ illegality of the exploitative abuse of their market dominant position has always been a disturbance to the development of the Internet industry and the governance of the Internet market. Although the provisions of Article 17(1)(5) of the current AntiMonopoly Law of China may provide a legal basis for regulating nonprice means that harm the interests of consumers, however, a general benchmark for the judgment of illegality has not been formed in legal practice. Therefore, it is suggested to learn from extraterritorial experience and specify “obvious” and “unfair” provisions while analyzing the general benchmark for illegality judgment. To judge whether it is “obvious”, it is essential to take into account the factors such as the nature of goods or services, the time, times and duration of the conduct, the scope of the abused consumers, other dealers’ trade terms in similar markets, the business dealers’ change in costs after the alteration of trade terms and the differences between prices and economic value of concerned goods or services. To judge whether it is “unfair”, it is essential to consider whether the purpose is to chase excessive monopoly profits, the nature of the conduct, duration of the conduct, market structure, market characteristics, and so on. Only in this way and based on individual case analysis, can we improve the predictability and stability of the legal suitability.



Performance of Independent R&D and Collaborative Innovation in the #br# Perspective of Innovation Quantity and Quality#br#

2020, 37(3):  81-95. 

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In the perspective of innovation quantity and quality, we examine the interaction between independent research and development (R&D) and collaborative innovation and their respective performance by using the statistical data of China’s high technology industries, panel data model, panel threshold regression model and Bayesian vector autoregressive model. The results show that independent R&D contributes more to innovation quantity than innovation quality, and the interaction among them is good in general. Collaborative innovation has little effect on either innovation quantity or quality, and the interaction among them is faint. The coordination between the two remains to be improved. The contribution of independent R&D to innovation quantity has strong characteristics of scale economies, while that of collaborative innovation has weak characteristics of scale economies. The influence of independent R&D on innovation quality presents certain characteristics of scale economies, while that of collaborative innovation almost has none. In terms of innovation quantity, the input and labor force of independent R&D can complement each other, while the input and labor force of collaborative innovation complement each other only in the case of low innovation quantity. In terms of the innovation quality, the input and labor force of independent R&D are complementary with each other, while those of collaborative innovation are not.




Research on the Ways of Innovation Efficiency Influencing #br# Regional Economic Disparity#br#

2020, 37(3):  96-106. 

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 With the weakening of China’s demographic dividend and the increase of resource constraints, innovation has become a new driving force for economic growth. Previous researches have paid more attention to the role of innovation drive in the economic transformation and upgrading and there have been few researches on the ways of how innovation impacts regional economic disparity. This paper introduces innovation efficiency into the analysis framework of regional economic disparity. The results show that innovation efficiency has a significant positive impact on the latter. Since different regions vary in innovation endowments, the impact takes on regional heterogeneity. Innovation efficiency not only affects regional economic disparity directly, but also affects it indirectly by influencing entrepreneurship level. The direct effect is greater than the indirect effect. When the entrepreneurial level acts as the threshold variable, the effect of innovation efficiency on regional economic disparity has nonlinear characteristics. The improvement of entrepreneurial level makes the impact of innovation efficiency on regional economic disparity stronger.



Simulation Analysis of Soft Supply Chain in Crossborder Ecommerce #br# Based on the Theory of Generalized Ecological Community#br#

2020, 37(3):  107-117. 

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 Since the supply chain in crossborder Ecommerce is featured with flexible and diverse soft structures, traditional methods of supply chain modeling and simulation can not effectively account for its complex changing characteristics. Based on a new perspective of the theory of generalized ecological community, it is found that five key observable factors influence the supply chain of crossborder Ecommerce: the number of the types of goods, duration time on the shelf, the number of newly added users, duration of goods kept by users and the buy rate. A simulation analysis based on MultiAgent modeling points out that there are three major measures to increase profit for crossborder Ecommerce platform and suppliers: increasing the number of newly added users within unit time, increasing buy rate and increasing the number of the types of newly released goods within unit time. To sum, the study offers an effective method of researching crossborder soft supply chain. 



New Models, Problems and Trends of Media Convergence in China

2020, 37(3):  118-128. 

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It has been more than six years since media convergence was promoted as a national strategy. Looking back on the six years of practical exploration and a lifeanddeath struggle, we see that China’s traditional media industry has made commendable efforts in media convergence after experiencing new models such as “central kitchen”, “platform integration”, “separation of production from broadcasting” and “mixed ownership”. Entering the second half of the Internet development, China’s media industry is confronted with new problems such as predicaments in profit models, transfer of communication power, worsening brain drain and institutional constraints, which need to be addressed urgently. In the coming era of intelligence, China’s media industrial pattern will undergo dramatic changes, featuring such trends as the accelerated disappearance of media boundaries, the ubiquity of artificial intelligence, the turnaround of system reform and the enhancement of copyright protection. In short, media convergence does not believe in tears, but only in trends.




The Transition of American Public Art and Its Operating Mechanism: #br# A Case Study of Richard Serra’s “Tilted Arc”

2020, 37(3):  129-140. 

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Public art in the United States dates back to period of Roosevelt’s New Deal in the 1930s. The public art in the U.S. has enjoyed a relatively sound system and favorable policies. At the end of the 20th century, “Tilted Arc”, a public art sculpture created by Richard Serra and commissioned by General Service Administration of the Federal Government, was a typical example that witnessed the double turning points of legal system and artistic creation. The study, by drawing a relatively complete picture of the case of “Tilted Arc”, aims at revealing the complexities of the legal system and artistic creation during the transitional period of American public art, so as to revisit the connotation of public interests in public art.